Cape Elizabeth, ME asked in Employment Law and Employment Discrimination for Maine

Q: How can I have my boss remove a formal reprimand in my file, placed there while I was on medical leave of absence?

I went on medical leave due to complications related to my father's death on September 22, 2022. I had experienced a lot of stress due to his untimely death and the fact that he was scammed out of his life savings in the months prior to his death. On September 20, I had a meeting with two colleagues and we were yelling at one another, and I was the only one written up for that, when we were all engaging in the same shouting match. I did not threaten anyone. My boss talked to me about how I "wasn't my usual self" and I explained my concern about my father's situation. He told me to take some time off, explaining he would help me but a few days after I went on leave he wrote up a formal reprimand which he wanted me to sign. I did not agree with it so did not sign it. I thought it wasn't placed in my personnel file but learned recently that it had. I have not received a significant bump in pay that he had promised me and I believe it is in retaliation for my not signing the reprimand.

1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert
  • Employment Law Lawyer
  • Columbus, OH

A: Unfortunately, employers have a lot of latitude regarding employee discipline and when and how write-ups are received and stored. There are no laws that would require your employer to remove a write-up from your file, even if the write-up is factually incorrect or inaccurate.

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